(g) Assume direct responsibility for the planning and development of any information technology system in the executive branch of state government outside of the University of Wisconsin System that the chief information officer administrator determines to be necessary to effectively develop or manage the system, with or without the consent of any affected executive branch agency. The department division may charge any executive branch agency for the department's division's reasonable costs incurred in carrying out its functions under this paragraph on behalf of that agency.
109,72fu
Section 72fu. 22.07 (intro.), (1) and (2) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.973 (intro.), (1) and (2) and amended to read:
16.973 Duties of the department division. (intro.) The department division shall:
(1) Provide or contract with a public or private entity to provide computer services to agencies. The department division may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the chief information officer administrator.
(2) Promulgate methodologies for establishing all fees and charges established or assessed by the department division or the chief information officer administrator under this chapter.
109,72fw
Section 72fw. 22.07 (4) to (8) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.973 (4) to (8) and amended to read:
16.973 (4) Ensure responsiveness to the needs of agencies for delivery of high-quality information technology processing services on an efficient and economical basis, while not unduly affecting the privacy of individuals who are the subjects of the information being processed by the department division.
(5) Utilize all feasible technical means to ensure the security of all information submitted to the department division for processing by agencies, local governmental units and entities in the private sector.
(6) With the advice of the ethics board, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department
division shall not require its paid consultants to file statements of economic interests.
(7) Prescribe and revise as necessary performance measures to ensure financial controls and accountability, optimal personnel utilization, and customer satisfaction for all information technology functions in the executive branch outside of the University of Wisconsin System and annually, no later than March 31, report to the joint committee on information policy and technology and the board concerning the performance measures utilized by the department division and the actual performance of the department division and the executive branch agencies measured against the performance measures then in effect.
(8) Offer the opportunity to local governmental units to voluntarily obtain computer or supercomputer services from the department division when those services are provided under s. 22.05 16.972 (2) (b) or (c), and to voluntarily participate in any master contract established by the department division under s. 22.05 16.972 (2) (h) or in the use of any informational system or device provided by the department division under 22.09 (3) 16.971 (15).
109,72fy
Section 72fy. 22.09 (intro.) and (1) to (3) of the statutes, as created by
2001 Wisconsin Act 16, are renumbered 16.974 (intro.) and (1) to (3) and amended to read:
16.974 Powers of the chief information officer administrator. (intro.) The chief information officer administrator may:
(1) Establish and collect assessments and charges for all authorized services provided by the department division, subject to applicable agreements under sub. (2).
(2) Subject to s. 22.05 16.972 (2) (b), enter into and enforce an agreement with any agency, any authority, any unit of the federal government, any local governmental unit, or any entity in the private sector to provide services authorized to be provided by the department department to that agency, authority, unit, or entity at a cost specified in the agreement.
(3) Develop or operate and maintain any system or device facilitating Internet or telephone access to information about programs of agencies, authorities, local governmental units, or entities in the private sector, or otherwise permitting the transaction of business by agencies, authorities, local governmental units, or entities in the private sector by means of electronic communication. The chief information officer administrator may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the officer administrator. The chief information officer administrator may also charge any agency, authority, local governmental unit, or entity in the private sector for such costs as a component of any services provided by the department division to that agency, authority, local governmental unit, or entity.
16.975 Access to information. The
department division shall withhold from access under s. 19.35 (1) all information submitted to the department division by agencies, authorities, units of the federal government, local governmental units or entities in the private sector for the purpose of processing. The department division may not process such information without the consent of the agency, authority, unit or other entity which submitted the information and may not withhold such information from the agency, authority, unit or other entity or from any other person authorized by the agency, authority, unit or entity to have access to the information. The agency, authority, unit or other entity submitting the information remains the custodian of the information while it is in the custody of the department division and access to such information by that agency, authority, unit or entity or any other person shall be determined by that agency, authority, unit or other entity and in accordance with law.
16.976 (1) As a part of each proposed strategic plan submitted under s. 22.03 16.971 (2) (L), the department division shall require each executive branch agency to address the business needs of the agency and to identify all proposed information technology development projects that serve those business needs, the priority for undertaking such projects, and the justification for each project, including the anticipated benefits of the project. Each proposed plan shall identify any changes in the functioning of the agency under the plan. In each even-numbered year, the plan shall include identification of any information technology development project that the agency plans to include in its biennial budget request under s. 16.42 (1).
16.976 (3) Following receipt of a proposed strategic plan from an executive branch agency, the chief information officer administrator shall, before June 1, notify the agency of any concerns that the officer administrator may have regarding the plan and provide the agency with his or her recommendations regarding the proposed plan. The chief information officer administrator may also submit any concerns or recommendations regarding any proposed plan to the board for its consideration. The board shall then consider the proposed plan and provide the chief information officer administrator with its recommendations regarding the plan. The executive branch agency may submit modifications to its proposed plan in response to any recommendations.
(4) Before June 15, the chief information officer administrator shall consider any recommendations provided by the board under sub. (3) and shall then approve or disapprove the proposed plan in whole or in part.
(5) No executive branch agency, other than the board of regents of the University of Wisconsin System, may implement a new or revised information technology development project authorized under a strategic plan until the implementation is approved by the chief information officer administrator in accordance with procedures prescribed by the officer administrator.
(6) The department division shall consult with the joint committee on information policy and technology in providing guidance for planning by executive branch agencies.
16.977 Information technology portfolio management. (intro.) With the assistance of executive branch agencies and the advice of the board, the department division shall manage the information technology portfolio of state government in accordance with a management structure that includes all of the following:
16.978 (1) The board shall provide the chief information officer administrator with its recommendations concerning any elements of the strategic plan of an executive branch agency that are referred to the board under s. 22.13 16.976 (3).
(2) The board may advise the chief information officer administrator with respect to management of the information technology portfolio of state government under s. 22.15 16.977.
(3) The board may, upon petition of an executive branch agency, review any decision of the chief information officer administrator under this chapter affecting that agency. Upon review, the board may affirm, modify, or set aside the decision. If the board modifies or sets aside the decision of the chief information officer administrator, the decision of the board stands as the decision of the chief information officer administrator and the decision is not subject to further review or appeal.
(4) The board may monitor progress in attaining goals for information technology and telecommunications development set by the chief information officer administrator or executive branch agencies, other than the board of regents of the University of Wisconsin System, and may make recommendations to the officer administrator or agencies concerning appropriate means of attaining those goals.
16.9785 Purchases of computers by teachers. The department division shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 24.60 (1r), by public and private elementary and secondary school teachers for their private use. The department division shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.
109,72fzL
Section 72fzL. 22.41 (2) (intro.) of the statutes, as affected by
2001 Wisconsin Act 16, is renumbered 16.979 (2) (intro.) and amended to read:
16.979 (2) Powers and duties. (intro.) The department division shall ensure maximum utility, cost-benefit and operational efficiency of all telecommunications systems and activities of this state, and those which interface with cities, counties, villages, towns, other states and the federal government. The department division, with the assistance and cooperation of all other agencies, shall:
16.979 (3) Private college and university participation in state telecommunications network. The department division may allow regionally accredited 4-year nonprofit colleges and universities that are incorporated in this state or that have their regional headquarters and principal place of business in this state to participate in any telecommunications network administered by the department division.
109,72h
Section 72h. 23.09 (3) (b) of the statutes is amended to read:
23.09 (3) (b) If the department and the board of regents of the University of Wisconsin System enter into an agreement to create a faculty position at the University of Wisconsin-Madison for a forest landscape ecologist, the department and the University of Wisconsin-Madison shall develop an annual work plan for the ecologist. In developing the annual work plan, the department shall consult with the governor's council on forestry created by executive order under s. 14.019.
109,72k
Section 72k. 23.0917 (7) (e) of the statutes is amended to read:
23.0917 (7) (e) For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, the department shall use at least 2 appraisals to determine the fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department two appraisals if the department estimates that the fair market value of the land exceeds $200,000 one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta). This paragraph does not apply if the fair market value of the land is estimated by the department to be $200,000 or less.
109,72L
Section 72L. 23.10 (1m) of the statutes is created to read:
23.10 (1m) The department shall designate a conservation warden as the chief warden and may designate one or more deputy chief wardens. The chief warden shall have the duty to direct, supervise, and control conservation wardens in the performance of their duties under sub. (1) and s. 29.921. The chief warden shall designate an employee of the department as an internal affairs officer to investigate complaints against conservation wardens when the chief warden determines an investigation is necessary and shall designate an employee of the department as a complaint officer to resolve complaints against conservation wardens.
109,72m
Section 72m. 23.155 of the statutes is created to read:
23.155 Contracts to sell or exchange state-owned land under the jurisdiction of the department. (1) In this section, "department land" means an area of land that is owned by the state, that is under the jurisdiction of the department, and that is used for one of the purposes described in s. 23.09 (2) (d) 1., 2., 3., 6., 7., 8., 10., 11., 12., 13., 14., 15., or 16.
(2) The department may not enter into a contract to sell or exchange department land that has a fair market value in excess of $75,000 unless the department first notifies the joint committee on finance in writing of the proposed contract. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed contract, the department may enter into the contract. If, within 14 working days after receiving the notification from the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed contract, the department may enter into the contract only on the approval of the committee.
(3) The joint committee on finance may approve a contract under sub. (2) to sell department land only if the committee determines that the level of reimbursement to be received by the state adequately reimburses the state for its cost in acquiring and developing the department land. The joint committee on finance may approve a contract under sub. (2) to exchange department land for other land only if the committee determines that the value of the land to be received by the state in the exchange adequately reflects the state's cost in acquiring and developing the department land.
(4) The approval process under subs. (2) and (3) is in addition to any approval process that may apply to the sale or exchange of the department land under s. 13.48 (14) (d).
109,72p
Section 72p. 23.197 (6g) of the statutes is created to read:
23.197 (6g) Plover River; conservation easements. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in the amount of $250,000 to acquire conservation easements along the Plover River in Marathon County and Portage County. For the purposes of s. 23.0917, moneys provided under this subsection from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for land acquisition.
109,72t
Section 72t. 23.22 of the statutes is created to read:
23.22 Invasive species. (1) Definitions. In this section:
(a) "Control" means to cut, remove, destroy, suppress, or prevent the introduction or spread of.
(b) "Council" means the invasive species council.
(c) "Invasive species" means nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
(d) "State agency" means a board, commission, committee, department, or office in the state government.
(2) Department responsibilities. (a) The department shall establish a statewide program to control invasive species in this state.
(b) As part of the program established under par. (a), the department shall do all of the following:
1. Create and implement a statewide management plan to control invasive species in this state, which shall include inspections as specified under sub. (5).
2. Administer the program established under s. 23.24 as it relates to invasive aquatic plants.
3. Encourage cooperation among state agencies and other entities to control invasive species in this state.
4. Seek public and private funding for the program.
6. Promulgate rules to classify invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a).
(c) Under the program established under par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 50% of the costs of projects to control invasive species. Any rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients and shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (c).
(3) Council duties. (a) The council shall make recommendations to the department for a system for classifying invasive species under the program established under sub. (2). The recommendations shall contain criteria for each classification to be used, the allowed activities associated with each classification, criteria for determining state priorities for controlling invasive species under each classification, and criteria for determining the types of actions to be taken in response to the introduction or spread of a native species under each classification.
(b) Under the program established under sub. (2), the council shall conduct studies of issues related to controlling invasive species. The studies shall address all of the following:
1. The effect of the state's bait industry on the introduction and spread of invasive species.
2. The effect of the state's pet industry on the introduction and spread of invasive species.
3. The acquisition of invasive species through mail order and Internet sales.
4. Any other issue as determined by the council.
(c) The council shall make recommendations to the department on the establishment of a procedure for awarding cost-sharing grants under sub. (2) (c) to public and private entities for up to 50% of the costs of eligible projects to control invasive species. The recommendations shall contain criteria for determining eligibility for these grants and for determining which applicants should be awarded the grants.
(d) To assist the council in its work, the council shall create 4 subcommittees on the subjects of education, research, regulation, and interagency coordination. The council may create additional subcommittees on other subjects.
(5) Inspections. As part of the statewide management plan, the department shall create a watercraft inspection program under which the department shall conduct periodic inspections of boats, boating equipment, and boat trailers entering and leaving navigable waters and shall educate boaters about the threat of invasive species that are aquatic species. The department shall encourage the use of volunteers or may use department employees for these inspections.
(6) Reports. (a) The department shall submit to the legislature under s. 13.172 (2), and to the governor and the council, a biennial report that includes all of the following:
1. Details on the administration of the program established under sub. (2), including an assessment as to the progress that is being made in controlling invasive species in this state.
2. A description of state funding that has been expended under the program.
3. A description of funding from other sources that has been expended to control invasive species in this state.
4. An assessment of the future needs of the program.
